Colorado Springs, CO asked in Criminal Law, Civil Rights and Domestic Violence for Colorado

Q: i am looking for the correct "vehicle" In regards to Motion to dismiss___?____

Based on inaccurate, misleading affidavit for arrest warrant. The call to 911 was very inaccurate. Witness statements contradicting themself. police filled in part of victim statement form, to appear as if she filled part the refused the rest. (refused entirely) Officer called left message then "off duty" so no statement from other witnesses or defendant. Lack of really investigating. I do have record, officer did query into database prior to arrival and states a protection order in place..(allowed full contact, home etc) between 911 call, record, etc. prejudice in investigation. NEED HELP/ Guidance!! Thank you

1 Lawyer Answer
Sabra M. Janko
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  • Domestic Violence Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Your remedy is to contest the credibility of the investigation in court. The fact that you do not agree with how the investigation was conducted is not grounds for a motion to dismiss.

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